Do I need to reapply for the I-212 waiver?

QUESTION:  I am Canadian and was expedited removed from the U.S. and charged with fraud in 2010.  I later filed Form I-192 and Form I-212.  Both were approved.  Form I-192 was approved for one year and is expiring soon.  The Form I-212 approval letter does not have an expiration date. My question is, do I need to reapply for a new I-212 waiver in addition to a new I-192? 

REPLY: Thank you for your question.  You should not need to file a new I-212 application.  In most cases like yours, permission to reapply for admission is granted for the remainder of the period of inadmissibility.  Since you have been charged with fraud, you will require a nonimmigrant waiver [Form I-192] for life.  If you would like to discuss your case in more detail and receive a complete professional analysis, please do not hesitate to contact me


New Report on Border Patrol Practices in Upstate New York

A new report from Families for Freedom in collaboration with New York University (NYU) Immigrant Rights Clinic entitled, “Uncovering USBP: Bonus Programs for United States Border Patrol Agents and the Arrest of Lawfully Present Individuals” reveals crucial information about the incentives and consequences of USBP practices. Using detailed new data from the USBP station in Rochester, New York and the Buffalo Sector that were obtained through a Freedom of Information lawsuit, the report reveals the existence of various incentive programs provided to Border Patrol agents in their quest to apprehend individuals of color, many of whom have legal status. The report also documents the broad array of persons with lawful status who suffer at the hands of USBP.

The report is available for dowload at:




Can I apply for B1/B2 visa while I am in the U.S.?

QUESTION:  I work as a stewardess on a yacht and I require a B1/B2 visa.  I have a letter from the captain which confirms this.  Currently I am in the U.S and I arrived on an ESTA from the U.K. and will be leaving shortly for Costa Rica.  I am staying in Costa Rica for a few months, so I will not really need the visa until I return for work BUT my question is - Can I apply for a B1/B2 visa while I am in the U.S.? And can I get my interview in Costa Rica? 

REPLY: Thank you for your message. Since I have not reviewed your case in detail, the statements herein are for informational purposes only.  My research indicates that you should be able to apply for a visitor visa at the U.S. Consulate in San Jose, Costa Rica.  Since you are not a citizen or resident of Costa Rica, it appears that you must make your appointment through the Call Center that has been established for that specific Consulate.  More information is available at

There is no problem if the DS-160 form is completed while you are in the U.S. – this form is online and can therefore be completed anywhere.  Since the application will not be adjudicated until you are at the Consulate in Costa Rica, the date of arrival should not be listed as any date prior to the interview.  Thus, the intended date of arrival should be the next date on which you expect to return to the U.S. after the interview in Costa Rica.

If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation. 


Is TN available after expedited removal?

QUESTION: I am a Canadian citizen and was issued an order of expedited removal.  There was no fraud charge.  I now have a 5 year ban.  Is a TN work visa still an option for me? 

REPLY:  Thank you for your question.  As you know, individuals who are issued orders of expedited removal are inadmissible to the U.S. for a period of five (5) years [assuming there is no fraud].  During that five-year period, the individual may apply for permission to reapply for admission into the U.S.  This application is made by filing Form I-212 and supporting documents with the Department of Homeland Security.  When/if the Form I-212 application is approved, a Canadian citizen may then apply for admission in TN status prior to the expiration of the five-year bar. 

If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation


Returning to U.S. After Removal & Form I-212

QUESTION: I was deported along with my family about a year and two months ago to my native country Colombia.  Our asylum process was denied. Although in the meantime, we had another family petition from my grandparents which are citizens and that residence petition was approved after we were deported. I was about to graduate from college and we were working at a tourist company in Orlando, Fl, where we resided for almost 10 years.

I have been doing some research and I wanted to get professional opinion as well. I am aware how delicate our situation is and our case it is not an easy task.  Is there any possibility to get a work and/or study visa?  Would we be eligible in order to apply for any waiver such as FORM I-212?

REPLY: While I cannot offer you case-specific advice, I can provide you with some general information that should be helpful.

Any individual that is ordered removed by an Immigration Judge is inadmissible for a period of 10 years (if it was the first time being removed from the U.S.) unless he/she obtains permission to reapply for admission.  This permission is applied for by filing Form I-212.

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